Chapter 358 Parks and Recreation

Littering prohibited. No person shall litter, dump, or deposit any rubbish, refuse, earth, or other material in any park.

Sound devices. No person shall operate or play any amplifying system unless specific authority is first obtained from the Village Board or Police Department. Information regarding this permission is available through the Police Department.

Bill posting. No person shall post, paste, fasten, paint, or attach any placard, bill, notice, sign, or advertising matter upon any structure, tree, or other natural object in a park, except park regulations and other signs authorized by the Buildings, Ponds, Parks Committee.

Throwing stones and missiles prohibited. No person shall throw stones or other missiles in or into any park.

Removal of park equipment prohibited. No person shall remove benches, seats, tables, or other park equipment from any park without permission of the Director of Public Works.

Trapping. "Trapping," when used in this section, includes the taking or the attempting to take of any wild animal by means of setting or operating any device, mechanism, or contraption that is designated, built, or made to close upon, hold fast, or otherwise capture a wild animal or animals; live traps on a person's property are excluded. The trapping of wild animals is hereby prohibited in Village parks. The only exception would be trapping permitted with the permission of the Director of Public Works.

Making of fires. No fires are permitted except in grills designated for that purpose. No grills are allowed underneath shelters. Portable fire pits are prohibited in all Village parks. No person shall start, tend, or maintain a fire except in personal or designated grills. Personal grills shall be used only in designated picnic areas. The use of personal grills is permitted, provided lawns and vegetation are not endangered. Unburned fuel and ashes shall be disposed of in such a manner as to prevent fire or damage to any park property. Burning trash is prohibited.

§ 358-2 Operation of remote or radio-controlled airborne toys or devices prohibited.

Protection of park property.

(a)

No person shall kill, injure, or disturb or attempt to injure or disturb waterfowl, birds or animals, wild or domestic, within any park, except as permitted by this chapter. No person shall climb any tree or remove flowers or fruit, wild or cultivated, or break, cut down, trample upon, remove, or in any manner injure, deface, write upon, or ill use any tree, shrub, flower, flower bed, turf, soil, sand, fountain, ornament, building, structure, apparatus, bench, table, official notice, sign, or other property within any park.

(b)

No person shall deface by throwing stones, pebbles, or other debris in any of the toilets, bubblers, or other sanitary facilities located in any Village park; or deface by drawing with crayon, chalk, paint, or anything else on any of the buildings or equipment at any Village park; or deface the equipment by means of a sharp instrument.

(9)

Motorized vehicles. Except for authorized maintenance vehicles, no person shall operate an unlicensed or licensed motorized vehicle outside of areas specifically designated as parking areas or areas where the operation of such vehicles is specifically permitted. Motor vehicles are restricted to the roads and drives and parking areas. No motor vehicles of any nature may be used on the seeded areas except vehicles which have Buildings, Ponds, Parks Committee authorization for shows, rides, or exhibits and then only for the purpose of loading and unloading.

(10)

Snowmobiles. No person shall operate a snowmobile in a Village park except in designated areas. Snowmobiles shall only be operated on designated trails.

(11)

Speed limit. No person shall operate any vehicle in a Village park in excess of 10 miles per hour unless otherwise posted. Vehicle operation on park public roads shall be subject to applicable state statutes.

(12)

Glass beverage bottles in parks prohibited. No individual shall possess or consume any beverage in a glass bottle or glass container in any Village park.

(13)

Reckless driving in parks prohibited. No person shall operate a motor vehicle in a reckless manner in any of the public parks of the Village.

(14)

Parking in parks. No person shall park any motor vehicle in any park in the Village except in a designated parking area.

(15)

Horses and carriages. No person shall ride a horse or drive a horse-driven vehicle in any park, except on roads or designated bridle paths, except when approval of the Village Board is first obtained. It shall be unlawful for any person to ride a horse or drive a horse-driven vehicle in a careless, negligent, or reckless manner which may endanger the safety and well-being of others. Horseback riding shall be allowed only during daylight hours. No person shall ride a horse which cannot be held under such control that it may be easily turned or stopped. Horses shall not be left unbridled or unattended.

(16)

Removing tree protectors. No person shall remove any device for the protection of trees or shrubs.

(17)

Golfing is prohibited in the parks. All sporting activities must be held in areas so designated for that purpose.

(18)

Arrows. No person shall use or shoot any bow and arrow in or at any Village park.

(19)

Fees and charges. The Village Board shall establish such fees as deemed necessary for use of any park facility, shelter, or land area. It shall be unlawful to use such areas without payment of such fee or charge when required.

(20)

Firearms; hunting. Discharging of any air gun, sling shot, explosive, firearm, or weapon of any kind is prohibited in all Village parks.

(21)

Fish cleaning. Cleaning of fish in shelters, toilet facilities, or picnic areas is prohibited in all Village parks.

(22)

Controlled substances. Possessing, using, or dispensing of a controlled substance in violation of the Uniform Controlled Substances Act[1] is prohibited in all Village parks.

[1]

Editor's Note: See Ch. 961, Wis. Stats.

(23)

Vendors restricted. No person shall sell, vend, or give away any article of merchandise whatsoever, without a written permit from the Village Board.

(24)

Alcohol beverages. The consumption or possession of alcohol beverages in Village parks shall be as regulated by § 183-22.

(25)

Camping. No overnight camping shall be permitted in any park except where written approval of the Village Board or duly authorized agent is first obtained.

(26)

Village park restrictions; animals. No dogs or cats shall be permitted in any public playground, swimming area, volleyball area, bleacher area, rest rooms, ball diamond and on nature trails. A dog or cat will be allowed in the Village parks in all other areas if on a leash and under control. All persons will be required to clean up after their dogs and/or cats. The only exception to the above would be trained service animals.

(27)

Nature trail use. Dogs and bicycles (except Police Department bicycle patrols) are prohibited on Village nature trails. Nature trails are closed to the public at sundown.

(28)

Use of park property for private profit-making activities is prohibited.

(a)

Sales/vending activities in parks may be allowed as part of an approved event [i.e., sales within the sponsoring organization to offset the cost of the event (company picnic); sales by a nonprofit group to raise funds for the group's operation (scouts); or sales to raise funds that directly benefit the park system (civic group)].

(b)

Farmers' markets are allowed in the Village of Fairwater with approval of the Village Board.

(29)

Go-carts or minibikes are prohibited.

(30)

Swimming is allowed in the beach area of the pond. Swim at your own risk; there are no life guards on duty at any time.

(31)

The feeding of waterfowl is prohibited. The Village is not responsible for any waste left behind by waterfowl.

(32)

Removing or defacing park signs, structures, or barriers is prohibited.

(33)

Fishing is permitted; fishing in the swimming area is prohibited.

(34)

Fireworks and pyrotechnic displays are prohibited without a special permit that would be issued by the Village President. A certificate of insurance must be provided to the Village naming the Village of Fairwater as an additional named insured.

(35)

No person shall engage in fighting or violent, tumultuous or threatening behavior or engage in any other activity which violates any Village or state code.

It shall be unlawful for any person to fly, operate, or make use of any airborne remote or radio-controlled model airplane, helicopter, vehicle, or any other such device in, over, or upon any street, park, or other public or private property except in areas specifically designated and posted for such purpose, and with the consent of the property owner or lessee of the property, and with the permission of a Village official.

§ 358-3 Turf protection on public property.

Except as authorized by the Chief of Police or Village Board, no person shall dig into the turf of any Village-owned park or recreational property for any purposes whatsoever or remove any trees or flowers. Absent authorization by the Chief of Police or Village Board, use of metal detectors and digging for buried objects on Village parks or recreational property are prohibited.

§ 358-4 Park hours; loitering.

Park hours. Fairwater Village parks, as described by the Fond du Lac County GIS mapping system, shall be open for public use only from 6:00 a.m. to 11:00 p.m. Between November 1 and April 1 parks shall close at 9:00 p.m. Any exceptions to this schedule must be approved through the office of the Fairwater Village Clerk, Director of Public Works and the Police Department. At all other times said parks shall be closed to any public use.

Loitering in the Fairwater Village parks. No person shall loiter, lounge, or loaf in or about a motor vehicle parked within the areas commonly known as the Fairwater Village parks, except as follows:

Persons who are handicapped.

Spectators or participants of sporting events during inclement weather.

Persons supervising or picking up young children utilizing the facilities.

By specific permission of a member of the Fairwater Police Department.

Exceptions for organized activities. Subsection A shall not apply to any persons participating in any organized activity in a Village park and for which activity a permit was issued by the Village Board. This exception shall apply during the time such activity is in progress at a Village park and for 30 minutes after the termination of such activity.

§ 358-5 Reservation of park space.

Policy on reservation. The Village-owned parks and park facilities and shelter areas are primarily for the nonexclusive use of the residents of and visitors to the Village. However, under proper circumstances, exclusive use of the same or parts thereof may be allowed. This section is intended to regulate exclusive use of municipally owned parks, park facilities, park shelters, or parts thereof in the Village of Fairwater to the end that the general welfare of the Village is protected.

Reservation of park space. A person or group, firm, organization, partnership or corporation may reserve the use of a park facility or a park shelter by written application filed with the Village Clerk for referral to the Village Board for exclusive use of the same. All reservations shall be made on application forms located in the office of the Village Clerk and shall be on a first-come, first-served basis; provided, however, that any Village-based church or civic group may make reservations for dates used by it in past years on a continuing basis at any time. Reservation of a designated area shall give the party to whom reserved the right to use such area to the exclusion of others for and during the period of reservation. Areas not reserved shall be open to use by all.

Application. Applications shall be filed with the Village Clerk at least 14 days prior to the date on which the exclusive use of the entire park is requested, or at least three days prior to the date on which a park shelter or a portion of a park is to be used, and shall set forth the following information regarding the proposed exclusive use:

The name, address, and telephone number of the applicant.

If the exclusive use is proposed for a group, firm, organization, partnership, or corporation, the name, address, and telephone number of the headquarters of the same and the responsible and authorized heads or partners of the same.

The name, address, and telephone number of the person who will be responsible for the use of said park, area or facility.

The date when the exclusive use is requested and the hours of the proposed exclusive date.

The anticipated number of persons to use said park, area, or facility.

Any additional information which the Village Board, Chief of Police, or Clerk finds reasonably necessary in order make a fair determination whether permission should be granted.

Action on application. The Village Board shall act promptly on all applications after consulting with the applicant, if necessary.

Reasons for denial. Applicants under this section may be denied for any of the following reasons:

If it is for a use which would involve a violation of federal or state law or any provision of this Code.

If the granting of permission would conflict with another permission already granted or for which application is already pending.

If the application does not contain the information required by Subsection C above.

The application is made less than the required days in advance of the scheduled exclusive use.

If it is for a use of the park or park facility at a date and time when, in addition to the proposed use, anticipated nonexclusive use by others of the park or park facility is expected and would be seriously adversely affected.

If the law enforcement requirements of the exclusive use will require so large a number of persons as to prevent adequate law enforcement to the park, park facility, or shelter area involved, or to the rest of the Village.

The exclusive use will reasonably create a substantial risk of injury to persons or damage to property.

The exclusive use is so poorly organized that participants are likely to engage in aggressive or destructive activity.

Indemnification. Prior to allowing any exclusive use of the park, the Village may require the applicant to file evidence of good and sufficient sureties, insurance in force, or other evidence of adequate financial responsibility, assigned to the Village and such other third parties as may be injured or damaged, in an amount depending upon the likelihood of injury or damage as a direct and proximate result of the exclusive use sufficient to indemnify the Village and such third parties as may be injured or damaged thereby, caused by the applicant, its agents, or participants.

Application not required for Village activity. An application is not required for exclusive use of the park or a park facility sponsored by the Village of Fairwater.

Revocation. The Village Board or Chief of Police may revoke permission already issued if it is deemed that such action is justified by an actual or potential emergency due to weather, fire, riot, other catastrophe, or likelihood of a breach of the peace, or by a major change in the conditions forming the basis of the issuance of the permission.

Class "B" fermented malt beverage licenses. When fermented malt beverages are sold at any event authorized by this section, a valid fermented malt beverage license shall be obtained and the provisions of §§ 183-16 and 183-22 shall be fully complied with. Said license must be held by the person who filed the application and shall be presented to any law enforcement officer upon request.

Care of facilities. Persons reserving Village facilities shall be completely responsible for cleaning up the facilities after the event to the satisfaction of the Director of Public Works. All reserved areas shall be left in a clean condition, with refuse placed in containers provided for such purpose. Any organization or corporation reserving any area in a Village park shall agree to assume full responsibility for all damage to Village property by any invitee of said organization or corporation and shall make full payment therefor upon billing by the Village Clerk. Failure to do so shall deny future use of park facilities until such payment is made, in addition to any other remedy which the Village may have.

General regulations.

Amplified music (live bands, DJs) requests must be submitted, in writing, to the Fairwater Village Clerk at least 30 days in advance. Information regarding music in the park is available from the Police Department [(920) 346-5555].

Smoking is prohibited in enclosed Village buildings.

When reserving a park area, you are reserving that area only. The rest of the park facilities are open to the general public.

Picnic tables, chairs, and other tables. Any chairs, tables, and picnic tables that are moved must be returned to their original location. Please remove tablecloths, tape, and all food from tables. Do not use nails or staples on tables. Do not cook or cut on tables.

Tents. Staked tents are only allowed in the parks with permission granted from the Fairwater Village Board. The Director of Public Works will help with the location of the tent.

Setup. Setup is not allowed prior to the time stated on the application. The Village of Fairwater is not responsible for any supplies or equipment brought in prior to the time stated on the agreement.

Nails, tacks and staples. Scotch tape, duct tape, thumbtacks, screws, or similar fasteners are not to be used on any surfaces. Masking tape is allowed. Rice and confetti are prohibited.

Cleanup. The park and associated facilities must be maintained and restored to the same condition as when entered. All supplies, equipment, tape, and decorations are to be removed by the time stated on the application; turn off all lights and lock all windows and outside doors.

(9)

All trash must be placed in the proper trash receptacles provided by the Village.

(10)

Any rental party sponsoring an event which is expected to generate large quantities of refuse must provide adequate trash containers and shall be responsible for contracting refuse removal following an event. Cleanup and removal of any refuse that results in additional cost to the Village will be billed to the sponsoring organization.

(11)

Glass beverage containers are prohibited. Please serve your beverages in non-glass containers.

(12)

Port-a-potty is open to the public.

(13)

Local law enforcement officers are advised of the park reservations and must be admitted while on patrol.

(14)

Picnickers will be responsible to pay for any and all damages that occur to the park during the reserved time.

§ 358-6 Reservation of Civic Center.

Policy on reservation. The Civic Center is primarily for the nonexclusive use of the residents of the Village of Fairwater. However, under proper circumstances, exclusive use of the same may be permitted. This section is intended to regulate exclusive use of the Civic Center to the end that the general welfare of the Village of Fairwater is protected.

Application. Applications shall be filed with the Village Clerk at least 48 hours prior to the date on which the Civic Center is to be used. The requestor shall provide the Clerk with the following information regarding the proposed exclusive use:

The name, address and telephone number of the applicant.

If the exclusive use is proposed for a group, firm, organization, partnership or corporation, the name, address and telephone number of the responsible and authorized heads or partners of the same.

The name, address and telephone number of the person who will be responsible for the use of the Civic Center.

The date when the exclusive use is requested and the hours of the proposed exclusive date.

The anticipated number of persons to use the Civic Center.

Any additional information which the Village Clerk finds reasonably necessary to a fair determination as to whether authorization should be granted.

Reasons for denial. Applicants requesting the use of the Civic Center may be denied for any of the following reasons:

If it is for a use which would involve a violation of federal or state law or any provision of this Code.

If the granting of the permit would conflict with another permit already granted or for which an application is already pending.

If the applicant does not provide the information required by Subsection B above.

The application is made less than the required time in advance of the scheduled exclusive use.

If it is for a use of the Civic Center at a date and time when, in addition to the proposed use, anticipated nonexclusive use by others of the Civic Center is expected and would be seriously adversely affected.

If the law enforcement requirements of the exclusive use will require so large a number of persons as to prevent adequate law enforcement to the rest of the Civic Center or the Village.

The exclusive use will reasonably create a substantial risk of injury to persons or damage to property.

The exclusive use is so poorly organized that participants are likely to engage in aggressive or destructive activity.

Rental conditions. The Civic Center may only be rented if the requesting party agrees to comply with the following conditions:

The renter will be responsible for cleaning up the Civic Center to an acceptable level after use.

Rental use of the Civic Center shall be restricted to the areas designated by the Clerk, unless otherwise specifically permitted by the Village Clerk.

Storerooms, whether locked or unlocked, shall be considered off limits to all renters and members of their groups under any circumstances, and entrance thereto is forbidden.

The Civic Center shall not be rented on a permanent basis to any individual or group, unless otherwise specifically permitted by the Village Board.